Revolutionary War Pension and Bounty Land Warrant Application File S. 29,803, Ephraim Foshet, Mass.

SERVICE
NUMBER
Mass
Foshet, Ephraim Fosket or
S. 29803
CONTENTS

21. H. 56 Massachusetts Ephraim Fosket
of Lenox, in the State of Mass who was a private in the Comp. commanded by Captain Dewey — of the Regt commanded by Col. Smith in the X Battle line for 18 Mos. Mass
Mrs
Inscribed on the Roll of Massetts — at the rate of 60 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 day of Sep. 1833 — and Sutter H. W. Rich Lenox
Arrears to the 4th of Sep. 33 $ 150 Semi-ant. allowance ending 4 Dec. 34 30 $ 180
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by G. O. Hales Clerk, Book E Vol. 2 , Page 26
79 Berkshire

Personally appeared before me the undersigned a justice of the peace within & for the county of Berkshire & Commonwealth of Massachusetts Ephraim Forster who being duly sworn deponeth & saith that by reason of Old age & the consequent loss of memory he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the period mentioned below and in the following grades -
No 1 For seven months I served as a soldier in the army of the Revolution in the Massachusetts line in the year 1776. as stated in my Declaration in my first engagement & there Marked No 1
No 2 For two months I served as a soldier in the same army & line & same year upon - as stated in my said Declaration in my second engagement & therein Marked No 2
No 3 For four months & three fourths of a month I served as a soldier in the army of the Revolution in the year 1777. in the militia & Massachusetts line as stated in my first engagement Declaration in my third engagement & therein Marked No 3
No 4 For four months & one fourth I served as a soldier in said army in the Militia & Massachusetts line ————— as also stated in my Declaration in two engagements in the vicinity of Saratoga & state of New York therein Marked No 4 — making in the whole one year & six months for such service I claim a pension
Berkshire ss. subscribed & sworn to the 5 th August A D 1833 before me Robbins Kellogg Justice of the peace
in Capt. Henshaw's Whipple's company and marched with said

Commonwealth of Massachusetts.
County of Berkshire, ss.
ON this twinty  seventh day of September A. D. 1832 personally appeared in open Court, before the Honorable WILLIAM P. WALKER, Judge of the Court of Probate, within and for said County of Berkshire, now sitting.
Ephraim Foster — a resident of the town of West Stockbridge in the County of Berkshire and Commonwealth of Massachusetts, aged seventy seven years, who being first duly sworn according to law, doth, on his oath, make the following declaration in order to obtain the benefit of the act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. in about the last of May or first
of June A D 1776 he entered into the service of the United States in the Company commanded by Capt Stephen Dacey of Sheffield in said County in Col Smiths Regiment & Genl Fellows Brigade for the term of seven months and joined said Company soon after at Sheffield in said County of Berkshire & from thence marched thro Salisbury & Sheron directly to New York where he arrived on the fourth day of July following & continued to serve in said Company & Regiment the full term of my enlistment & till said Company and Regiment were discharged which was at Croton in the State of New York — That he was most of the time in New York, till the evacuation thereof thereof at the battle of White Plains he was sick at Horn Neck & heard the firing at that battle —
That immediately after his term of service and after his discharge aforesaid, he volunteered under Capt Ebenezer Bement and continued to do duty in said Regiment Company in the vicinity of Croton till the latter part of Winter or Spring following — The term of his last engagement or the term of time he actually did duty he cannot be positive he will recollect that when he was discharged and returned home the ground was open & the Roads Muddy and his firm belief is that his last engagement aforesaid was two months & upwards — And his firm belief also is that he was absent from the time of his enlistment untill his return home aforesaid in the two engagements aforesaid. it was nine or  it was of ten months that he did duty
That about the first of June 1777 he again volunteered in Capt Tenas Whalers Company and marched with said
engagement No. 1
engagement No. 2.
10th

5th engagement No 3
Company Whiting Company to Fort Edward, then to Fort George and was joined to the  brigade Glen's Brigade - that at the time of the the battle at Saratoga he was confined by sickness at Fort Edward and was so confined in the vicinity of Fort Edward by sickness until after the surrender of General Burgoyne and when the Army was released at that capitulation he returned home - he verily believes he did duty in this last engagement including the time he was confined by sickness between four & five Months & he verily believes was nearly five Months
No 4 engagement
That beside the before mentioned engagements he volunteered, in two other engagements one under Captain Ephraim Root of New Marlborough in said County when he served two Months & more in the vicinity of Saratoga for two Months, the other was under Capt. Langdon of Ticonderoga in said County of Adk- shire when he did duty also in the vicinity of Saratoga for about six or eight Weeks in the vicinity of Saratoga, these being early tours & nothing remarkable occurring, leaves no data from which he can at this late period, fix upon the time when he performed the services or volunteered in the engagements that he performed these engagements he has no doubt & will recollect that it was the same season that Col. Moor was killed in the vicinity of Stonacaba or the Mohawk River in the State of New York which he believes was in the year 1780 that both of said last mentioned engage- ments were made at New Marlborough in the County of Berkshire
The said Fortit in answer to the interrogatories

presented by the War department stating as follows in answer to the first interrogatory that he was born at New Marlborough aforesaid in the year 1755 as he has always understood & verily believes - and in answer to the 2 d - he says he knows of no record of his age & in answer to the 3 d - he says that he lived in New Marlborough aforesaid when called into service as before stated - that he has resided in said New Marlborough & West Stockbridge aforesaid since - except a short period he resided in Sheffield in said County of Berkshire and in answer to the fourth he says that he enlisted in his first engagement & volunteered in all the others as before stated and was at no time a substitute and in answer to the fifth he says that at the late period it is difficult for him to state with that degree of certainty necessary for this declaration any of the regular officers or continental or Militia Regiments the general circumstances he has before stated as he now recollects them in answer to the sixth he says he has no recollection of ever receiving any discharge & in answer to the seventh he says he confidently trusts he can state the names of all who know him who can testify to his character for veracity - herein he will designate the Rev d Nathan Sharp & Capt Joseph Hovey

He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any State
Ephraim Hosket
Sworn to, and subscribed, the day and year aforesaid.
W. P. Walker J. Probate
We Nathan Shaw a Clergyman, residing in the town of West Stockbridge aforesaid and Joseph Hlevins residing in West Stockbridge hereby certify, that we are well acquainted with Ephraim Hosket who has subscribed and sworn to the above declaration; that we believe him to be seventy seven years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Joseph Hlevins Nathan Shaw
Sworn and subscribed, the day and year aforesaid.
W. P. Walker J. Probate
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories, prescribed by the War Department that the above named applicant was a revolutionary soldier, and served as he states And the Court further certifies, that it appears to them that Nathan Shaw who signed the preceding certificate is a Clergyman, resident in the town of West Stockbridge in the County of Berkshire and Commonwealth of Massachusetts and that Joseph Hlevins who has also signed the same, is a resident in the town of West Stockbridge in the County of Berkshire and Commonwealth of Massachusetts and is a credible person, and that their statement is entitled to credit.
W. P. Walker J. Probate
I, HENRY W. BISHOP, Register of the Court of Probate within and for the County of Berkshire in the Commonwealth of Massachusetts, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Ephraim Hosket for a pension.
In testimony whereof, I have hereunto set my hand and seal of office of said Court of Probate, this twenty fifth day of September in the year of our Lord, one thousand eight hundred and thirty two
Henry W. Bishop Register of Probate

Eliakim Hamilton of West Stockbridge in the County of Berkshire and Commonwealth of Massachusetts aged Seventy seven being duly sworn deposes & says that in the month of June in the year 1777 according to the best recol- -lection of this Deponent & as he verily believes, he volunteered in the company commanded by Capt. Lemuel Wheeler of New Marlborough & Marched with said Company to Fort Edward & was joined to Col. Ashley's Regiment & Genl. Nixon's brigade - that Nathaniel Forster who then resided at New Marlborough & who now resides in West Stockbridge aforesaid, also at the same time volunteered in said Company & Marched with the same to Fort Edward in the State of New York & continued to do duty in said Company & regiment as a soldier until after the surrender of General Burgoyne & till the troops in said Campaign were discharged - and as this deponent understood & verily believes, some considerable part of the latter part of the time of said engagement, said Forster was in consequence of sickness unable to do duty - that from the time of engagement aforesaid until our discharge & return home was a little short of five months according to his best recollection & belief. Eliakim Hamilton
Berkshire ss. August 10 th 1832 then the above named Eliakim Hamilton personally appeared & made oath to the truth of the foregoing affidavit by him subscribed before me & I further certify that said Hamilton is a man of truth & veracity —
Robbin Hedges Justice of the peace
in Capt. Lemuel Wheeler's Company and Marched with same

Levi Crittenton of Ulstermont in the County of Berkshire and Commonwealth of Massachusetts aged Seventy four being duly sworn deposes & Says that in the months of July May or June AD 1776 this Deponent enlisted in the Company commanded by Captain Stephen Denny in the Regiment commanded by Col Smith of Lansborough, Brigade commanded by Genl. Fellows, that Mr Ephraim Forstner now resident in West Stockbridge in said County of Berkshire, also enlisted at about the same time in the same Company, that we marched soon after from Sheffield in said County to New York where we arrived on the fourth day of July following that I continued to serve in said Company and Regiment the full term of my enlistment & till said Company & Regiment were discharged which was either six or seven months & which time this deponent is unable to state during all which time said Ephraim Forstner also did duty as a Soldier in the Company & Regiment aforesaid, that we were at the retreat from New York at the Battle at the White Plains & finally discharged at Groton & further says not Further
Levi Crittenton
Berkshire ss. July 27 th 1832 Then the above named Levi Crittenton personally appeared before me & made oath to the truth of the foregoing affidavit by him submitted and I further certify that Crittenton is a man of undoubted veracity & of respectable character.
Robbins H. Kellogg Justice of the peace
in Capt. Denny's Wheeler's Company and marched with said

E. Forker Ephraim Gössel West Stockbridge Mass Application for pension Apr 27 1832
1874
ms A.9.2.1 v.1 p.1

Commonwealth of Massachusetts Berkshire ss. I Henry W. Bishop Register of the Court of Probate, in & for said County do hereby certify that Robbins Kellogg Esquire before whom the annexed Depositions of Levi Britton & Asahel Hamilton also the additional Declaration or affidavit of Ephraim Forster was taken, was at the several dates of the same & is now a Justice of the Peace within & for said County, duly & regularly appointed & that I am well acquainted with his handwriting & have no doubt that the signatures annexed to said Depositions are genuine
In testimony whereof I have hereunto have hereunto set My hand & affixed the seal of said Court this six th day of August A D 1833 Henry W. Bishop Register of Probate

Ephraim Forster

Ephraim Fasket Master No. 16747-
Print 18 Months
5 16 16 06
Jan 28 1839
H. W. Burdick Esq. Lenox Mass

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Ephraim Fosket
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1776 vol. 7 Pri. Capt. S. Dewey Col. Smith From Sheffield thro Salisbury 77 years New Marlborough Voluntary   1777 2 Capt. E. Bement Genl. Fellow to Witnesses   4 28 Capt. Z. Wheeler Genl. Pison   2 Capt. E. Boaking   6 Capt. G. L...  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. _____ who has signed the preceding certificate is a clergyman, resident in the
and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

awt Rev. and 1812 Wars Section. awt
April 27, 1927
Mrs. James T. Watts 4435 N. Ashland Ave Chicago, Ill
Madam:
I have to advise you that photostat copies of the original papers in the Revolutionary War pension claim, S. 29803 of Ephraim Foshet or Fosket, will be furnished you under the Act of August 24, 1912, at the rate of fifteen cents a page, with twenty-five cents extra for certification, if that be desired.
The number of pages to be copied is four.
The proper amount should be forwarded to this Bureau, by money order drawn to the order of the Secretary of the Interior.
Respectfully,
WINFIELD SCOTT Commissioner.

4425 N. Ashland Ave.,
Chicago, Illinois!
March 1, 1927.
Commissioner of Pensions, Washington, D.C.
Dear Sir:-
Will you please inform me how many pages of the following Revolutionary War pension claim may be photostated:- Mass. Berkshire Co., Revolutionary War, p. 27.
Ephraim Fosket- Private-
Annual Allowance 60 00
Sums received 180 00
Mass. Militia
Placed on Pension Roll Sept 19, 1833
Commencement of Pension Mar 4, 1831
Age: 79
Very truly
Mrs. James T. Watts

29803 Rev INVALID.
1927-Apr. 27-Mrs. James J. Katto advised as to price of photo aug
File No. 29,803
Ephraim Tackett
Rev. Rev. Mr.
Act: June 7 th 1894
Index:—Vol. 9 , Page 141
[Arrangement of 1870.]

16747
Ephraim Forster
H. M c Bishop Esq. Lenox Mass

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ephraim Forster which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? me not Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.